May 29, 2013: FKB Client Advisory by Andrew Jones and Evan Bolla – U.S. Supreme Court holds that State Courts may decide legal malpractice claims involving underlying patent law issues.

FKB Professional Liability Practice Alert: The U.S. Supreme Court in Gunn v. Minton has held that State Courts can decide legal malpractice claims involving underlying patent law issues.

In follow up to the our prior advisory, please see the attached article regarding the U.S. Supreme Court’s recent Gunn v. Minton decision holding that State Courts can decide legal malpractice claims involving underlying patent law issues having a potentially profound impact on insurers and insureds alike.

The holding has had an immediate impact in that patent law malpractice suits currently being litigated in Federal Court, absent special circumstances or diversity, have been dismissed for lack of subject matter jurisdiction. See e.g. Gerawan Farming, Inc. v. Townsend Townsend and Crew LLP, Slip Copy, 2013 WL 898634 (E.D.Cal., 2013) and Patriot Universal Holding, LLC v. McConnell, Slip Copy, 2013 WL 1403301 (E.D.Wis., 2013).

Moving forward, legal malpractice cases – even those involving complex underlying patent issues – will increasingly be decided in State Courts.

If you need further information or clarification with regard to the foregoing, please do not hesitate to contact us at .